British citizens born overseas (to a UK parent)
CANNOT pass on their citizenship to their children if they're born overseas
BUT...
Its unfair and prejudicial - (and Canada thought so too)
The Ontario Superior Court of Justice declared Canadian laws first generation limit for those born abroad is unconstitutional.... had unacceptable consequences for Canadians whose children were born outside the country...discriminated based on national origin and on sex...
..the First Generational Limit is “patriarchal and racist,” noting that pregnant Canadian citizens born abroad who will or have given birth abroad to children not eligible for citizenship by descent face hardships and tough decisions.
Complexities for British Citizens post-Brexit
Since 1981, British Citizens moved all around the EU. That ended with Brexit.
But what about the children and their children's children?
There are many citizens who are simply unaware that this may be an issue for them - and their grandchildren.
British Citizen by descent.co.uk is...
...a campaign to change provisions in an unfair UK law...
...which discriminates and prejudices British Citizens by Descent, and their children who are born overseas.
We call upon the UK Government to amend the British Nationality Act 1981 to:
- Allow British Citizens by Descent (those born overseas) to upgrade their citizenship after a period of residency in the UK, enabling them to pass British citizenship to their children if born overseas.
- Remove the 3-year rolling residency requirement for British Citizens by Descent, which restricts their ability to pass on citizenship to their child born abroad, even if they have lived most of their life in the UK.
These changes would ensure equal rights for British Citizens by Descent, aligning their ability to pass on citizenship with that of other British citizens, such as those who are naturalized. This would remove discriminatory provisions and create fairer, more consistent citizenship rules for all British citizens, regardless of how they acquired their status..
Not all British Citizens are born equal
Do not confuse citizenship with immigration control
The British Nationality Act creates a first-generation limit to Citizenship by Descent.
And this was specifically intended in 1981.
But the Act is out of date and requires a rethink about the conflicts it has created over the past 40 years since it was enacted.
get in touch
Want to help lobby for a change?
We'd love to hear from people who are in the same situation.
It doesn't just affect children, there are many adults who are citizens that affected by this restriction that creates an unnecessary burden on family life for thousand of people.
